SUBJECT: CONSIDERATION OF SIMILAR USE PROVISION FOR C-2 ZONED PROPERTY

 

Recommendation:

That the City Council confirm whether an independent internet based recording and video company use is similar to other uses permitted in the C-2 zone pursuant to the requirements of Section 17.26.030 of the Zone Code.

 

Background:

On June 27, 1995 , the City Council adopted Ordinance No. 95-1130 creating a revised permitted use list for C-1, C-2 and C-3 (commercial) zoned properties and modifying Conditional Use Permit requirements for certain commercial uses.

 

Analysis:

Staff has received a request to consider whether a proposed business is similar to other permitted uses in the C-2 zone. The business is called No Worries Productions and is an independent recording company that will record, edit and broadcast music and video over their internet website and sell advertisement on the website. There would be no fabrication or packaging of disks or CD’s. The business is proposed to be located in the ground floor of the Bijou Building at 1221 – 1235 Hermosa Avenue. (Please see correspondence.). The permitted use list contains a list of similar or related commercial and service uses including:

• Radio and television station permitted in the C-3 zone with a Conditional Use Permit.

• Sound score production facility permitted in the C-3 zone.

• Photography (equipment, sales, service and film processing, studio) permitted in the C-2 zone.
• Audio/video (equipment, supplies, sales and repair) permitted in the C-2 zone.

The proposed business also contains office and storage areas which are permitted in the C-2 zone.

Section 17.26.040 states that:

(a) When a use is not specifically listed in this Chapter, it shall be understood that the use may be permitted if it is determined by the Community Development Director that the use is similar to other uses listed.

This section further states:

(e) The determination that the proposed use is similar must be confirmed by the City Council.

 

Radio and television stations and sound score production facilities are similar in some respects to the proposed use in that they involve broadcasting and recording, but they are not permitted in the C-2 zone. The exclusion of the proposed use from the C-2 zone is partly a function of changes in technology (Web broadcasting was developed over the last four years in conjunction with the streaming video software that supports it) and partly due to the functional differences between the C-2 and C-3 zones. Each zone is intended to support particular land uses. Section 17.26.020 of the Zone Code describes the C-2 zone as "a resident and visitor serving pedestrian and shopping and entertainment district" whereas the C-3 zone is described as a district to provide " the full range of office, retail and service businesses deemed suitable for the city and appropriate for Pacific Coast Highway and Aviation Boulevard commercial corridors not appropriate for other zones because they attract heavy vehicular traffic or have specific adverse impacts".

 

Broadcasting has traditionally involved large machinery, equipment and heavy trucking, but has been transformed over the internet to a use that may not appear to be much different than an office. However, the proposed use is also different then a traditional office in some respects, in that it requires trucking and moving of musical equipment on a regular basis. There is also recording and video of live music on a sound stage and studios and editing in a production room which is similar to a sound score production facility permitted in the C-3 zone. The business owner indicates that the sound stages are sound proof and will not impact the surrounding area. Photography studios (film processing) and audio and video equipment (supplies, sales and repair) are permitted in the C-2 zone, but it is unclear whether video recording and production is similar to these use categories.

The criteria for similarity is set out in Section 17.26.040 of the Zone Code which provides that the similarity meet four conditions relating to the goals and intent of the General Plan, the intent of the zone, no adverse impacts upon public health and safety and that it share characteristics common to other uses listed in the zone. (Please See Chapter 17.26 attached.)

The use may have some similarities to office use but it has some distinct differences as described above. It may also be inconsistent with the intent of the zone and the General Plan which describes the downtown C-2 district as a "a resident and visitor serving pedestrian, shopping and entertainment district". The fact that the use is located in a prime, ground level retail space fronting on two commercial streets may be contrary to the intent of the zone, if the intent is to provide retail, pedestrian and visitor serving shopping and entertainment related uses. The use is proposed in a building that has been undergoing renovation pursuant to the City’s Historical Resources Preservation Ordinance and received a Certificate of Appropriateness based in part upon opening the building frontage along 13th Street to accommodate new retail frontage.

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